Benefit Continuation post FMLA

Sorry for the length, but I am looking for some info and think it might be beneficial to others too..............

How many employees do you have?

How many weeks after FMLA expires do you hold their position (if any)?

If no position is held open, do you guarantee employment into any open position within the company when the employee is able to return to work?

Do you terminate immediately, and encourage the employee to reapply for a position when they are ready to return to work?

What benefits (if any) do you continue to pay for once FMLA has expired?

How long do you continue to pay for benefits once FMLA has expired?

Does the employee continue to pay the employee contribution or is the contribution increased?

Is COBRA offered to the employee and at what point after FMLA?

Any information you can share is appreciated.

Anne

Comments

  • 6 Comments sorted by Votes Date Added
  • How many employees do you have?

    <62>

    How many weeks after FMLA expires do you hold their position (if any)?



    If no position is held open, do you guarantee employment into any open position within the company when the employee is able to return to work?



    Do you terminate immediately, and encourage the employee to reapply for a position when they are ready to return to work?



    What benefits (if any) do you continue to pay for once FMLA has expired?



    How long do you continue to pay for benefits once FMLA has expired?



    Does the employee continue to pay the employee contribution or is the contribution increased?



    Is COBRA offered to the employee and at what point after FMLA?



  • Marc and Betty................

    Thank you for the information. Currently, we have 200 employees and it seems that we have an extraordinary amount of FMLA for our size. We also term after FMLA leave, have Life and LTD continuation under a waiver of premium for the employee. We term medical insurance and offer COBRA post FMLA. My EVP wants to be more generous, and I'm hoping to see what others are offering. Thank you both.
  • >How many employees do you have? 20,000+
    >
    >How many weeks after FMLA expires do you hold
    >their position (if any)? Our disability LOA policy is for one year as long as it's certified by a doctor. We have personal LOA's for a max of 6 months if approved. We don't necessarily "hold" the position though, except during the FMLA.
    >
    >If no position is held open, do you guarantee
    >employment into any open position within the
    >company when the employee is able to return to
    >work? No guarantee beyond FMLA or other entitlement. We will look to see if another position is available. If not, the person is terminated.
    >
    >Do you terminate immediately, and encourage the
    >employee to reapply for a position when they are
    >ready to return to work? Do not terminate immediately and for disabilities that extend beyond one year, we will do an ADA evaluation if warranted.
    >
    >What benefits (if any) do you continue to pay
    >for once FMLA has expired? For a disability, we continue health benefits. For a personal leave, the person would receive COBRA.
    >
    >How long do you continue to pay for benefits
    >once FMLA has expired? Up to one year for disability only.
    >
    >Does the employee continue to pay the employee
    >contribution or is the contribution increased? Same cost sharing basis as before the leave.
    >
    >Is COBRA offered to the employee and at what
    >point after FMLA? COBRA would be offered once the FMLA ended and another type of leave began (other than disability).
    >



  • [font size="1" color="#FF0000"]LAST EDITED ON 04-07-04 AT 10:30AM (CST)[/font][br][br]>How many employees do you have?
    >167
    >How many weeks after FMLA expires do you hold
    >their position (if any)?
    >0
    >If no position is held open, do you guarantee
    >employment into any open position within the
    >company when the employee is able to return to
    >work?
    >no
    >Do you terminate immediately, and encourage the
    >employee to reapply for a position when they are
    >ready to return to work?
    >yes
    >What benefits (if any) do you continue to pay
    >for once FMLA has expired?
    >We send a letter telling them that the FMLA has expired and if they are unable to return to work their position will be filled or if they are able to return to contact us by a certain date otherwise they will be considered to have voluntarily resigned and at that point the benefits would terminate and a COBRA letter would go out.
    >How long do you continue to pay for benefits
    >once FMLA has expired?
    >until the date we give them to respond on above letter, usually the end of the month the FMLA expires in.
    >Does the employee continue to pay the employee
    >contribution or is the contribution increased?
    >COBRA would be in effect so the rates would go up.
    >Is COBRA offered to the employee and at what
    >point after FMLA?
    >see above
    >Any information you can share is appreciated.
    >
    >Anne



  • Thanks for asking your questions, and thanks to everyone else who answered. One of the projects that hasn't risen from the bottom of the stack yet on my desk is to revamp our leave of absence policies. It's taken us 2+ years to get a grip on FMLA. We have room for improvement, but the difference in administration over the last 2 years is like night and day. I have much more support within our organization, but I continue to have resistance to some aspects of LOA administration at the supervisory level. We continue to have supervisors who will grant LOA for folks who are not eligible for FMLA protection and then choose to not tell anyone outside their department about the LOA. Because of the manner in which it is occurring, proving consistent practice would probably be impossible. I just found this morning a case of an approved non medical LOA (non educational & non military as well). An employee went out to have a baby with about 6 months service on the payroll, and medical certification I received this morning advised RTW 3/3/04. Her supervisor verbally "approved" a LOA to bond with the new baby in January. I notified the EE that there was no FMLA protection. The supervisory apparently reaffirmed that a LOA was approved. The employee comes back to work tomorrow to a part-time position by her choice and has been allowed to have benefits associated with her pre-LOA full-time position for the last month without medical certification and with the employer contribution toward benefits premiums. Sounds like a terrible precedent to me. I can just see in my mind a wave of employees over the next two weeks asking for LOA because they decide they want to stay home for a while, but they want to keep their benefits--just like so & so did!

    The LOA issue has been somewhat costly for us over the last year because of the employer contribution to premiums. Without clearly defined parameters, it gets really hard to call a halt to the generosity--extended under the best of intentions but seems to last much longer than anyone ever imagined. I'll be looking to firm up extensions on LOA after FMLA expires as well as more clearly define medical LOA if FMLA does not apply. My ideas follow. Please feel free to offer input/insight:
    1. Administer FMLA properly--request medical certification & updates, allow 12 weeks to lapse if certification is in place. Communicate with EE in writing approx. monthly (current process).
    2. If EE not released to RTW after 12 weeks, consider up to additional 60 days LOA without interruption of benefits, but no guarantee to return to prior job--Dr. stmt required to validate. If no Dr. stmt, no extension of LOA/no benefits/EE RTWs or resigns. If EE unable to RTW after 60 days but has Dr. stmt, Cobra benefits and consider ADA vs. employee resignation.
    3. If EE not eligible for FMLA, consider 60-day LOA with EE request & notify EE in writing about ineligibility for FMLA--Dr. stmt required to validate LOA. If EE unable to RTW after 60 days, same as #2.
    4. EEs who resign due to inability to RTW at the end of approved LOA may be eligible for rehire but must pass simple physical (currently adminstered to all new EEs).
    5. Issue no guarantees to keep job/benefits in place after FMLA expires.

    I'm buried in other projects at the moment, but I am trying to think through potential changes in our policies and would look forward to any input from more experienced HR professionals.

    Thanks,
  • You seem to have experienced what I am going thru right now. We try to be as generous as possible, but things being what they are, folks will abuse and feel entitled to the universe. Your suggestions are valuable and I hope to be able to frim up our program shortly. Thank you to everyone who took the time to respond.
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